Friday, April 25, 2014

Claire Tomkins worked as a project manager for Hospital Corporation for 15 years, during which time she received a promotion, raises and commendations.

Claire Tomkins worked as a project manager for Hospital Corporation for 15 years, during which time she received a promotion, raises and commendations.  Claire’s performance reviews were above average and her personnel file did not contain any disciplinary actions.  Early in 2013, Claire was terminated based on her membership in a women’s club that supported a political party in opposition to the beliefs of Hospital Corporation’s management.    On her unemployment documentation, the reason for termination stated inappropriate use of the company’s email system.   Claire filed suit claiming the real reason for her termination was her lawful conduct outside working hours.  Which party will prevail and why?  Remember to include any ethical issues along with support for your answer.

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Scenario 2
Barney is a member of the Broom Religion whose practice forbids using a  broom for any other reason than worship. Two times a week, Barney attends religious services where a golden broom was erected on the altar. Each member would cite the religious rite as they bowed down to the broom. Recently, Barney’s workplace, Happy Harry’s Restaurant, began to require employees to go outside and sweep the parking lot.  Employees could choose between sweeping the floors inside the building or the parking lot.  Corporate headquarters wanted the parking lot to be free of litter for aesthetic purposes. Barney’s manager told Barney that he would have to sweep the parking lot each Thursday. Barney refused. He contended that the restaurant had an obligation to make a reasonable accommodation for his religious beliefs and not demand that he sweep the parking lot. Is Barney correct? Discuss why or why not.
Scenario 3
Mikel hired Dawson Remodeling to remodel her kitchen and bathroom for $15,000.  Dawson was required to remodel the rooms in accordance with certain plans and complete the work by June 1.  Dawson had the exclusive right to control the manner and method for performing the work, including the right to select other workers and tools used.  One day, a Dawson employee was unloading a bathtub for installation in Mikel’s bathroom when he swung it around and hit Ralphael, a neighbor who was walking his dog.   The tub hit Ralphael in the head, causing him to trip and hit his head again on the ground.    Ralphael’s dog bit Dawson’s employee.
  • Explain the relationship between Mikel and Dawson.
  • Is Mikel liable for Ralphael’s injury?
  • Is Dawson liable for Ralphael’s injury?
Discussion Question Part II
Select two of the five topics from the list. In two to three paragraphs, provide information related to whether the topics apply to your new company (created in Week 1) and how your company will handle issues related to the topics. 
  • Employment discrimination
  • Guns on company property
  • Independent contractors
  • Union organization
  • Privacy – email and Internet monitoring

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